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DRAFT LEGISLATION
Sec. 1 This Act may be cited
as the “Illinois Mini-Randolph-Sheppard Act of 2005”.
Sec. 2 (a) The following definitions in the Federal Randolph-Sheppard
Act, 20 U. S. C. §107e., and Federal regulations, 34 C. F. R. §395.1, are
hereby incorporated in this Act by reference:
“Blind licensee,” “Blind person,” “Cafeteria,” “Direct
competition,” “Federal property,” “Individual location, installation or
facility,” “License,” “Management services,” “Net proceeds,”
“Nominee,” “Normal working hours,” “Other property,” “Permit,”
“Program,” “Satisfactory site,” “Set-aside funds,” “State
licensing agency,” “Vending facility,” “Vending machine income,”
“Vending machine,” and “Vendor.”
(b) In addition to the definitions set forth in subsection (a) of this
section, the following terms apply to the provisions of this Act:
(1) “Assistant Chief” means the individual primarily responsible for
the State’s management and operation of the Business Enterprise Program for
the Blind.
(2) “Chief” means the individual in charge of the Bureau of Blind
Services in the Department of Human Services.
(3) “Committee” means the Illinois Committee of Blind Vendors, an
independent representative body for blind vendors established by the federal
Randolph-Sheppard Act.
(4) “Department” means
the Department of Human Services.
(5) “Operator” means a self-employed blind person licensed by the
Department to operate a vending facility.
(6) “Secretary” means the Secretary of the Department of Human
Services.
(7) “State property” means all real property, or part thereof, owned,
leased, rented, or otherwise controlled or occupied by any department or other
agency or body of this state. Purpose
and Policy
Sec. 3 (a) For the purpose of providing blind persons with remunerative
employment, enlarging the economic opportunities of the blind, and stimulating
the blind to greater efforts in striving to make themselves self-supporting,
blind persons licensed under this Act shall be authorized to operate vending
facilities on any property within this state as provided by this Act.
The Secretary, through the Chief, shall continue, maintain, and promote
the Business Enterprise Program for the Blind.
Some or all of the functions of the program may be provided by a nominee
agency.
It is the intent of the Legislature that the Randolph-Sheppard Act, 20 U.
S. C. §§107-107f., and the federal regulations for its administration set
forth in Part 395 of title 34 of the Code of Federal Regulations, shall serve as
minimum standards for the operation of the Business Enterprise Program for the
Blind.
(b) With respect to vending facilities on state property, priority shall
be given to blind persons, including the assignment of vending machine income as
provided by this Act. Departments
and agencies shall not impose any commission, service charge, rent, or utility
charge on a blind vendor operating a vending facility on state property.
In order to reduce financial burdens on state employees, blind vendors
shall be exempt from the payment of sales taxes.
Departments and agencies shall not allow competition with a blind vendor
from vending machines, coffee services, bake sales, or other fund raising or
commercial mechanisms to operate in any state building.
(c) With respect to vending facilities on federal property within this
state, priority shall be given as provided in the federal Randolph-Sheppard Act,
20 U. S. C. §§107-107f., including any amendments thereto. This
Act, as it applies to federal property, is intended to conform to that Act, and
is to be of no force or effect if, and to the extent that, any provision of this
Act or any regulation adopted under this Act is in conflict with that Act.
Nothing in this section shall be construed to impose limitations on the
operation of vending facilities on state property, or property other than
federal property, or to allow only those activities specifically enumerated in
the Randolph-Sheppard Act.
(d) On all other property within this state, whether owned or controlled
privately or by any county, city, city and county, or other political
subdivision, the Department directly or by delegation shall take all feasible
steps to encourage and establish vending by blind persons licensed under this
Act. The Department may enter into
appropriate agreements with the entities or persons owning or controlling the
other property. All such agreements
shall be in writing and shall be in conformity with this Act.
(e) The Assistant Chief shall actively pursue all commissions from
vending facilities not operated by blind vendors as provided in section 7(a)(2)
of this Act, and shall seek new
placements of vending facilities on state property where a facility is not yet
in place. Implementation
of Priority
(1) That priority is given to blind persons licensed under this Act and
predecessor legislation (20 ILCS 2420, Blind Persons Operating Vending
Facilities Act), including the assignment of vending machine income as provided
in this Act.
(2) That one or more vending facilities shall be established on all state
property to the extent feasible. Where
a larger vending facility is determined by the Chief and the Committee to be
infeasible, every effort shall be made to place vending machines on such
property whenever possible. The
Chief and the Committee shall take into account the following criteria when
determining whether establishment of a vending facility is feasible:
(A) The number of state employees, visitors, and other potential facility
customers on the property in a given period; (B) the size, in square feet, of
the area owned, leased, occupied, or otherwise controlled by the state; (C) the
duration the property is expected to be leased or occupied by the state; (D)
whether establishment of a vending facility would adversely affect the interests
of the state; and (E) the likelihood that the vending facility would produce an
adequate net income for a blind vendor as determined by the average income of
all blind vendors in the state.
(b) Any determination by the
Chief, or by any department or agency controlling the property, that the
placement or operation of a vending facility is not feasible, or that the
placement or operation would adversely affect the interests of the state shall
be in writing and shall be transmitted to the Committee for review and
ratification or rejection.
(c) The Chief, through the
Assistant Chief, subject to regulations developed and adopted pursuant to
subsection (a) of this section and the requirements of federal law and
regulations, is authorized to select a location for a vending facility and the
type of facility to be provided. (d)
Upon the development of plans by any state department or agency to
occupy, acquire, renovate, or relocate a property, such department or agency
shall notify the Chief, who shall determine whether such plans include a
satisfactory site or sites for one or more vending facilities. (e)
After January 1, 2006, no department or agency of the state shall
undertake to acquire by ownership, rent or lease, or to otherwise occupy, in
whole or in part, any property unless, after consultation with the head of that
department or agency it is determined by the Chief in accordance with
regulations developed pursuant to subsection (a) either (1) that the property
includes a satisfactory site or sites for the location and operation of a
vending facility by a blind person; or (2) that, if a building is to be
constructed, substantially altered or renovated, or, in the case of a building
that is already occupied on that date by the department or agency, is to be
substantially altered or renovated for use by the department or agency, the
design for the construction, substantial alteration or renovation includes a
satisfactory site or sites for the location and operation of a vending facility
by a blind person. (f)
The provisions of subsection (e) shall not apply when the Chief, in
consultation with the Committee, determines that the number of people using the
property is or will be insufficient to support a vending facility. Other
Vending Facilities Sec.
5 The governing board of any county,
city, city and county, or other political subdivision owning property, or
persons or entities owning or controlling private property, are authorized and
encouraged to construct or install on such property, or permit the construction
or installation of, vending facilities for operation by blind persons licensed
under this Act. The amount of space
allotted for this purpose shall be sufficient to serve adequately the number of
persons to be served and to provide the kind of services to be rendered. Set-aside
Funds and Trust Fund Sec.
6 (a) The Department shall provide
that, if any funds are set aside, or caused to be set aside, from the net
proceeds of the operation of vending facilities by blind persons licensed under
this Act, such funds shall be set aside only to the extent necessary in a
percentage amount not to exceed that determined jointly by the Chief and the
Committee and published in state regulation, and such funds may be used only for
the following purposes: (1) Maintenance and replacement of equipment; (2)
Purchase of new equipment; (3) Construction of new vending facilities; (4)
Funding the functions of the Committee, including legal and other professional
services; and (5) Retirement or pension funds, health insurance, paid sick leave
and vacation time for blind licensees, if it is determined by a majority vote of
the blind vendors after the Department provides to each vendor full information
on all matters relevant to these purposes.
(b)
No set-aside funds shall be collected when monthly net proceeds of a blind
vendors are less than one thousand dollars ($1,000).
This amount may be adjusted annually by the Chief and the Committee to
reflect changes in the cost of living. (c)
The Department shall establish, with full participation by the Committee,
the Blind Vendors Trust Fund as a separate account managed by the Department for
the state’s blind vendors. (d)
Set-aside funds collected from the operation of all vending facilities
administered by the Business Enterprise Program for the Blind shall be placed in
the Blind Vendors Trust Fund that includes set-aside funds from facilities on
federal property, but with separately identified sub-accounts for funds from (1)
federal, and (2) state and other facilities, as well as vending machine income
generated pursuant to section 7(a) of this Act.
All such funds shall be available until expended, and shall not revert to
the general fund or to any other state account. (e)
It is the intent of the Legislature that the expenditure of set-aside funds
authorized by this section shall be supplemental to any current appropriation or
other funds available for these purposes and shall not constitute an offset or
diminution of any appropriation or other funding sources. (f)
An amount equal to ten percent of wages paid by a blind vendor to any employee
who is blind or otherwise disabled shall be deducted from any set-aside charge
paid by such vendor each month, in order to encourage blind vendors to employ
blind and disabled workers and thus set an example for industry and government.
No such deduction shall be made for any employee paid less than the state
or federal minimum wage. Vending
Machine Income and Compliance
Sec. 7 (a) After January 1, 2006, all vending machine income from vending
machines on state property shall accrue to (1) the blind vendor operating a
vending facility on the property, or (2) in the event there is no blind vendor
operating a facility on the property, to the Blind Vendors Trust Fund for use
exclusively as set forth in section 6 (a) of this Act.
(b) The Secretary, directly or by delegation of authority, shall ensure
compliance with this section and section 4 of this Act with respect to
buildings, installations, facilities, roadside rest stops, and any other state
property, and shall be responsible for the collection of, and accounting for,
all vending machine income on such property.
The Secretary shall enforce such sections through litigation,
arbitration, or any other legal means available to the state, and each
department or agency of the state in control of such property shall be subject
to such enforcement. Failure of any
department or agency to comply with an order of the Department may be held in
contempt in any court of general jurisdiction.
(c) Any limitation on the
placement or operation of a vending machine by a department or agency of the
state based on a determination that such placement or operation would adversely
affect the interests of the state shall be justified in writing to the
Secretary. The Secretary shall
promptly determine whether the limitation is justified.
If the Secretary determines that the limitation is not justified, the
department or agency seeking the limitation shall forthwith remove such
limitation.
(d) The amount of vending
machine income accruing from vending machines on state property that may be used
for the functions of the Committee shall be determined annually by a two-thirds
vote of the Committee, except that no more than 25 percent of such annual income
may be used for such purpose, based upon such income accruing to the Blind
Vendors Trust Fund in the preceding year. The
Committee may establish its budget and expend funds through contract or
otherwise without the approval of the Department. Licenses
Sec. 8 (a) Licenses shall be issued only to blind persons who are
qualified to operate vending facilities. The
continuing eligibility of a vendor as a blind person shall be reviewed
biennially for partially sighted individuals or whenever the Chief has
information indicating the vendor is no longer blind as defined in the
Randolph-Sheppard Act.
(b) Following agreement by
the Chief, the Assistant Chief, and the Committee, the Secretary shall adopt and
publish regulations providing for (1) the requirements for licensure as a blind
vendor; (2) a curriculum for training, inservice training, and upward mobility
training for blind vendors; and (3) a regular schedule for offering such
training, classes for which shall be offered at least once per year. Committee
of Blind Vendors
Sec. 9 (a) The Chief, through the Assistant Chief, shall provide for the
biennial election of the Committee, which shall be fully representative of all
blind licensees in the state. There
shall be no fewer than one committee member for each 15 licensed blind vendors
in the state.
(b) The Committee is
empowered to hire staff; contract for consultants including, but not limited to,
legal counsel; set agendas and call meetings; create a constitution and bylaws,
subcommittees, and budgets; and do any other thing a not for profit organization
may do. At the discretion of the
Committee major issues may be referred for initial consideration to a
subcommittee, or to all blind vendors, in order to ascertain their views.
The Committee is not a state agency, board, or commission, and therefore
is not subject to state ethics, sunshine, or procurement laws.
(c) The Secretary shall
ensure that the Committee jointly participates with the state in the development
and implementation of all policies, plans, program development, and major
administrative and management decisions affecting the Business Enterprise
Program for the Blind. The Chief, through the Assistant Chief, shall provide to
the Committee all relevant financial information and data, including quarterly
and annual financial reports, on the operation of the vending facility program
in order that the Committee may fully participate in budget development and
formulation, the setting of set-aside levels, and other program requirements.
A copy of all completed audits, reports, and investigations affecting the
Business Enterprise Program for the Blind shall be timely distributed to the
Committee. Any implementation of
changes in administrative policy or program development that is within the
discretion of the Department shall occur only after review by the Committee.
Sec. 10 (a) Any blind vendor
dissatisfied with any action or omission arising from the operation or
administration of the vending facility program may submit to the Assistant Chief
a request for a full evidentiary hearing, which shall be timely provided by the
Department. Damages, including
compensatory damages, attorneys’ fees, and expenses are hereby authorized to
be paid to a successful blind vendor in such actions, but payment of such
damages shall be paid from the general funds of the state treasury and not from
program funds, the Blind Vendors Trust Fund, or federal rehabilitation funds.
If such blind vendor is dissatisfied with any action taken or decision
rendered as a result of such hearing, the vendor may file a complaint for
arbitration with the federal Secretary of Education. (b) If the Secretary determines that any state department or agency has failed to comply with the requirements of this Act, the Secretary is empowered and directed to establish a panel to arbitrate the dispute, and the decision of the panel shall be final and binding on the parties. Any arbitration panel convened by the Secretary shall be composed of three members, appointed as follows:
(1) One individual appointed by the Secretary;
(2) One individual appointed by the department or agency determined by
the Secretary not to be in compliance; and
(3) One individual, who shall serve as chairman, jointly designated by
the members appointed under paragraphs (1) and (2).
If within 30 days following the Secretary’s determination of
noncompliance, either party fails to appoint a panel member or if the parties
are unable to agree on the appointment of the chairman, the Secretary shall
select the panel member, or may designated a hearing officer of the Department,
who shall preside.
(c) The Assistant Chief may
issue a letter of reprimand to a blind vendor who violates program regulations
or policy. Depending upon the
seriousness of the alleged violation, the letter of reprimand may indicate the
intention to suspend or terminate the license of the blind vendor. All
such letters shall be sent in a medium accessible by the vendor, and shall be
sent certified mail, return receipt requested. The
Assistant Chief shall make every reasonable effort to assist the subject blind
vendor to correct any problem for which the vendor is reprimanded. No
process to suspend or terminate a license shall be initiated before the vendor
is accorded the opportunity for a full evidentiary hearing as provided under
subsection (a). A blind vendor may
be summarily removed from facility only in an emergency. General
Provisions
Sec. 11 (a) Each blind vendor operating each vending facility is subject
to the provisions of any ordinance of the county or city in which the facility
is located that requires a license or permit for the conduct of such business,
but any such license or permit shall be issued free of charge to a blind person
licensed by the Department, and shall not be unreasonably withheld.
(b) Blind persons licensed
pursuant to this Act are authorized to keep guide animals with them while
operating vending facilities.
(c) The Chief, Assistant
Chief, and the Committee shall develop jointly regulations to be promulgated by
the Department regarding life standards for vending facility equipment.
Such regulations shall include, but shall not be limited to, life
expectancy of equipment; time periods within which equipment shall be replaced;
exceptions to such time periods for equipment with no service problem history,
or that which experiences excessive failures not the fault of the operator.
(d) The Secretary, through
the Chief, shall assign adequate personnel to carry out duties related to the
administration and management of the Act. In
selecting personnel to fill any program position under this subsection, the
Secretary shall ensure that the Committee has full advance opportunity to review
such selections, and to submit comments thereon, as well as on the adequacy of
staffing levels for the program.
(e) The Assistant Chief shall provide to each blind vendor access to all
financial information, access to his or her performance ratings, and all other
individual personnel documents and data maintained by the Department, and shall
provide a written copy of all rules and policies adopted pursuant to this Act to
each blind vendor. Upon request,
such information shall be furnished in the medium most accessible by the blind
vendor.
(f) The surviving spouse of a
blind vendor who dies during the operation of a vending facility under this Act
may continue to operate such facility for a period of six months following the
death of the vendor, provided such spouse is qualified by experience or training
to operate such facility. Program
Regulations Sec. 12 (a) The Secretary shall promulgate and adopt necessary regulations, and do all things necessary and proper to carry out this Act. The Secretary by delegation shall review these regulations with the Committee at least every three years.
(b) Such regulations shall
include, but not be limited to, the following: (1) Uniform procedures for vendor
licensing and termination; (2) Criteria and standards for selecting vendors and
matching vendors to facilities to ensure that the most qualified person is
selected; (3) Equipment life standards and service standards for the inventory,
repair, and purchase of equipment; (4) Minimum requirements for establishment of
a vending facility; (5) Standards for training, in-service training, and upward
mobility; and (6) Policies and procedures for collection, deposit,
reimbursement, and use of all program income, including vending machine income. Property
Survey and Report
Sec. 13 (a) The Department shall make a survey and complete a report on
state buildings and vending facilities not later than
(1) A list of all state property and all federal buildings or other
property within the state which does or reasonably could accommodate a vending
facility as provided for in this Act or in the federal Randolph-Sheppard Act.
(2) For those buildings or locations which have vending facilities or
vending machines in place, an indication of which facilities are operated by
licensed blind vendors under the Business Enterprise Program for the Blind and
which are operated by private entities.
(3) For those vending
facilities or vending machines operated by private entities, an indication of
those from which commissions for the Business Enterprise Program for the Blind
have been or are being collected.
(4) For those buildings or
other property which do not have vending facilities in place, an indication of
those in which a vending facility would appropriately be placed, or the reasons
why a vending facility is not feasible in such building or property.
(b) The Department shall
obtain all available information and conduct a survey, in every odd numbered
year before June 30 of such year, such survey to include, but not be limited to
the following:
(1) The number and identity of buildings owned, leased, acquired or
occupied by the state;
(2) The number and identity
of those state buildings on which vending facilities or vending machines
are located;
(3) The number of employees
located in such buildings and the number of people visiting such buildings,
during normal working hours;
(4) The usable interior square footage of the building; and
(5) Such other information as the Department may determine is useful in
expanding the Business Enterprise Program for the Blind to the maximum extent
feasible.
(c) All departments and
agencies controlling state buildings or parts thereof in which vending machines
or vending facilities are located shall cooperate with the Department by
providing information from the entities having custody and control of any
vending machines or facilities, including, but not limited to, the terms of
contracts for vending including financial terms, and the disbursement practices
for vending machine income. The
Department shall incorporate such information in its reports and updates.
(d) The Department shall
utilize the reports and updates mandated by this section to develop greater
opportunities for the placement of blind vendors, increasing vending machine
income to the program, and establishing vending machines and facilities on state
property. (e) The reports and surveys prepared pursuant to this section shall be provided to the Committee and to the appropriate committees of the Legislature. |
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